The Supreme Court’s 2015 Term promises significant developments for the white-collar bar. The court already has issued three decisions that are noteworthy for white-collar practitioners, with the most significant likely yet to come. The death of Justice Antonin Scalia and the resulting vacant seat seems to have had little impact on the court’s direction so far—two of the cases were decided by a 5-3 majority and one was unanimous.
Two of the three decisions consider the contours of the Sixth Amendment’s procedural protections for criminal defendants; the third addresses the substantive law of extortion under the Hobbs Act. The first of the Sixth Amendment cases has significant potential implications for a white-collar defendant’s practical ability to defend criminal charges: In Luis v. United States, the court found that the right to counsel limits the government’s ability to restrain a defendant’s assets pretrial, striking down a law restraining the use of untainted funds to hire an attorney.1
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